The MK Party has told the Electoral Court that the Electoral Commission of SA (IEC) could not lawfully declare the election results free and fair where there was “clear evidence” of massive fraud, rigging and manipulation in managing the elections. Picture: Se-Anne Rall/IOL
The MK Party has told the Electoral Court that the Electoral Commission of SA (IEC) could not lawfully declare the election results free and fair where there was “clear evidence” of massive fraud, rigging and manipulation in managing the elections.
This is the argument advanced by the party’s national organiser, Nkosinathi Nhleko, in court papers for the party’s urgent application in the Electoral Court on Friday.
“These acts were brought to the attention of the IEC. The IEC failed to address them and, in a gadarene rush, unlawfully announced the election results in clear violation of its supreme constitutional duty as set out in section 190 of the constitution,” Nhleko said.
He insisted that the IEC was prohibited from announcing the results as free and fair if there was unresolved evidence of vote rigging, fraud and manipulation.
The IEC, chief electoral officer Sy Mamabolo, President Cyril Ramaphosa, National Assembly Speaker Thoko Didiza, parties represented in Parliament and those that contested the election are cited as respondents.
In its application, the MK Party wants the Electoral Court to declare that the elections were not free and fair, and that the results are to be set aside on the basis that there were serious election irregularities.
It also wants the court to order Ramaphosa to call for a new national election date within 90 days of a court order.
The application was brought a day after the Constitutional Court dismissed their application to interdict the first sitting of the National Assembly held on Friday, pending a main application to set aside the election results.
In court papers Nhleko said the IEC declared the results when the MK Party and several political parties had lodged serious objections to massive electoral rigging and fraud.
He also said the IEC failed to address the allegations given to it of electoral irregularities in a lawful and fair manner.
“IEC’s response to the objections was unreasonable in that it was dismissive.”
Nhleko charged that even before the IEC had resolved the objections, its officials were already addressing press conferences in which they made it abundantly clear that whatever the irregularities were alleged by his party and others, the integrity and lawfulness of the election results were impeachable.
He added that the electoral body refused to accede to pleas that the announcement of results be delayed until such time that the allegations had been carefully examined.
“This happened despite approximately 576 of unresolved objections that were of sufficient gravity to vitiate the lawfulness of the elections.
“All objections were dismissed by the IEC prior to the hurriedly arranged event for declaring the results of the national election. The basis for the dismissal appears to be that they were individually invalid or immaterial to the lawfulness of the elections.”
Nhleko said the urgent application was made but it was necessary for entrenching into the constitutional system reverence for the constitutional rights to choose leaders to serve in the executive and legislatures.
He contended that the MK Party would in all likelihood have won the national and provincial elections and formed a national government.
His affidavit showed an analysis of the published results and suggested that there was a discrepancy of 9.3 million votes.
“This number represents votes that cannot be accounted for on the IEC’s own numbers,” said Nhleko, adding that he relied on the evidence of experts on the technical aspects to the accuracy of the votes and party agents.
“There is evidence that, because of the deficiencies in the process, the results captured at the voting districts differed with those that were reflected in the leader board of the IEC.
“In some instances, the differences were vast while in others the differences were minor.”
Nhleko said the IEC must explain these discrepancies.
According to Nhleko, the MK Party commissioned a technical report on the IEC election system.
He also said what the report says was not just shocking but demonstrated clearly that the elections did not meet the constitutional standard of a free and fair election.
Nhleko said it was important that the IEC produces its own technical report to address the many questions asked by his party in its original objections.
The IEC is yet to submit its affidavit to the application brought by the MK Party.
Cape Times
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